Prof Aspec Ii: Legal Definitions

Front 1

Evidence that is relevant to the charges for which the defendant stands accused, and is proper under the rules of evidence.

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Admisable

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In a criminal case, the court appearance during which the judge informs the defendant of the charges of which s/he stands accused

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Arraignment

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A Deputy Marshal, Deputy Sheriff or Correctional Officer, whose duties include maintaining order and security in the courtroom.

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Bailiff

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The large structure, usually raised, where the judge sits and which is located at the front of the courtroom.

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Bench (duh)

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The obligation the prosecutor (in a criminal case) or plaintiffs attourney (in a civil case) must meet in order to prove an accused person's guilt beond a reasonable doubt.

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Burden of proof

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An action or controversey contested in a court of law.

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Case

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The alleged violations of law which an accused person must answer to in a criminal case

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Charges

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A criminal charge filed in the municipal court which accuses a named defendant of committing a specified offense. Also, any civil case seeking damages or a court decision can be initiated in either a municipal court or a superior court.

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Complaint

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An act which is designed to embarrass, hinder or obstruct the court, or which is designed to reduce the court's authority or dignity.

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Contempt of court

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A judgement in a criminal case, following either a trial or a plea of either guilty or nolo contendere that the defendant is guilty as charged.

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Conviction

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The long table in front of the judge's bench where the parties and lawyers sit during the hearing or trial. The prosecution, or plaintiffs attourney in a civil case, is always seated closest to the jury box

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Counsel Table

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Questioning of the other side's witnesses while s/he is under oath, to test the truth of the evidence, to develop it or for other purpose. Cross-examination always follows the opposing counsel's direct examination.

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Cross-examination

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A person defending or denying an accusation. Also, in a civil case, the person against whom a complaint is filed.

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Defendant

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The judge's refusal to grant a party's motion or request.

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Denial of Motion (bummer)

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Testimony taken under oath and recorded in an authorized place outside the courtroom.

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Deposition

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The action of a peace officer which by design temporarily interferes with a person's freedom to leave.

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Detention

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The right of the acused to learn of, and review evidence (documents, statements or material objects) that the prosecutor or opposing counsel may use against him/her in court.

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Discovery

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A court order dismissing a case, action, suit motion, etc., without a trial of the issue(s) involved. In civil cases, a dismissal occurs when the plaintiff has not proved his/her case by a preponderance of the evidence.

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Dismissal

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Oral testimony, writings, records, material objects, or other things that are presented in court and offered to prove the existence or non-existence of a fact.

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Evidence

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A person's act of not showing up in court on the date, at the time and location as stated on the traffic citation or as otherwise ordered by the court.

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Failure to appear

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Any offense punishable by death or a term exceeding 1 year.

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Felony

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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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Fifth Amendment

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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.

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Fourth Amendment

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Then a judge rules in a party's favor, giving him/her an order that grants the relief s/he has requested.

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Granting of motion

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A confession or admission of guilt in open court.

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Guilty plea

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An out-of-court statement which is offered to prove the truth of some matter being asserted in court.

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Hearsay

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After a reasonable period of deliberation(s), if the jury is unable to agree upon a verdict (unanimous in criminal cases and three-fourths of the jurors in a civil case), the judge may declare a mistrial. The prosecution must then make the election to try the case again or to make a motion for the dismissal of the charges against the defendant. Th court on its own motion may dismiss the case in the interest of justice.

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Hung jury

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That which, under the established rules of evidence, cannot be admitted or received in court.

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Inadmissible

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The act of representing oneself in court without the assistance of an attorney

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In Propria Persona

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The official decision of the court on the respective rights and claims of the parties (litigants) involved.

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Judgment

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A number of men and women, usually 12, selected by the trails attorneys to evaluate and decide questions of fact. Upon deliberation at the conclusion of the trial, the jury will render a verdict. Misdemeanor-generally, offenses punishable by fine, penalty, forfeiture of imprisonment otherwise than in state prison.

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Jury

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Generally, offenses punishable by fine, penalty, forfeiture of imprisonment otherwise than in state prison.

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Misdemeanor

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An application for an order or a ruling by the judge.

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Motion

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A plea of no contest which makes the defendant guilty of the criminal charge(s) but may not be used as an admission of wrongdoing in later civil matters, unless permitted by statute.

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Nolo Contendere

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The denial plea entered in any criminal case by the defendant. It is also a verdict where the jury acquits the defendant.

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Not guilty plea

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A court document informing defendant of the charges alleged and the date, time and location of the next court appearance.

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Notice to appear in court

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The act of objecting to or opposing the presentation of evidence, in order to obtain a ruling by the judge, preventing that evidence from being considered by the jury.

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Objection

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A ruling by the court in response to an attorney's motion, or request.

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Order

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A judges refusal to sustain, or recognize as sufficient, an objection by the counsel during the course of the trial as to the introduction of some evidence.

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Overruling an objection

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The person who complains, brings an action or suit, in a civil case.

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Plaintiff

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A defendant's formal response to the criminal charges filed. This can be either guilty or not guilty, nolo contendere (no contest) or not guilty by reason of insanity.

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Plea

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Any proceedings that are held prior to the trial of a defendant's case.

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Pre-trial

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A standard of judging evidence by which the judge or the jury determines whether an issue of fact is more probable than not probable (malpractice)

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Preponderance of evidence

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Specific articulated facts that would lead a reasonable and prudent person of ordinary caution to believe that a crime has been committed and that the defendant may be the responsible party. The finding of probable cause may be based in whole or in part upon the sworn testimony of a law enforcement officer relating the statements of declarants made out of court offered for the truth of the matter asserted.

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Probable cause

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The government attorney who reviews cases for filing and thereafter presents evidence to establish the defendant's guilt beyond a reasonable doubt. (state courts: District attorney or Attorney general; Federal courts; US attorney.)

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Prosecutor

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Any evidence having any tendance in reason to prove or disprove a fact that is of consequence to the determination of a given case.

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Relevant evidence

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The person who answers a complaint or defends an action in a civil case.

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Respondent

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The judgment formally pronounced by the court upon a defendant, following his/her conviction in a criminal prosecution, which generally imposes a fine or incarceration in a county jail or state prison.

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Sentence

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The act of serving or delivering to a person with any court process, including subpoenas, by a person over the age of 18 that is not a party to the action.

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Service of Process

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In all criminal prosecutions, the acused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witness in his/her favor, and to have the assistance of counsel for his/her defense.

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Sixth Amendment

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Pertaining to offered proof which shows what a person's state of mind was at the time that person made an out of-court statement or actions, in order to show bias or other factors which can be used to impeach that person's testimony.

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State of mind

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An agreement between attorneys for adverse parties, relating to a matter involved in a court proceeding. Properly submitted, a stipulation is absolute proof of the matter agreed upon.

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Stipulation

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A command to appear at a specific time and place to give testimony upon a particular matter. A subpoena duces tecum requires production of certain books, papers and other items.

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Subpoena

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Means that a court has made a determination (a judgment) without a full trial. Such a judgment may be issued as to the merits to an entire case, or of specific issues in that case.

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Summary judgment

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An act of a court which upholds a party's objection to evidence, that has been offered, by ruling in that party's favor.

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Sustaining

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Oral or written statements given by a person while under oath and subject to cross-examination.

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Testimony

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A contested hearing held in court which upholds a party's objection to evidence, that has been offered, by ruling in that party's favor.

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Trial

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A new or subsequent trial

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Trial De novo

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The formal decision or finding made by the jury.

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Verdict

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The person who is the object of a crime or civil wrong (a tort).

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Victim

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A judicial order authorizing one's arrest, search or seizure of property, depending on whether it is an arrest warrant or search warrant.

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Warrant

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Generally a person who is called to testify in court to what s/he has seen, or otherwise observed.

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Witness